Speaker
Description
The evolving quality and quantity of Earth observation data enables an ever-increasingly profound knowledge of the climate crisis, enhancing the efficacy of mitigation strategies as well as the management of risk and natural or man-made disasters. The environmental emergency, while having severe global effects, will not affect all states equally. Poorer, less developed countries are predicted to face severe challenges directly related to climate change, and will experience the large majority of climate-induced human mobility, be it internally displaced people or climate migrants.
Open data policies regarding Earth observation, specifically those tackling the causes and effects of the climate emergency, are thus an important tool to guarantee access to LDCs without independent access to satellite imagery. Under the United Nations Framework Convention on Climate Change (UNFCCC), common but differentiated responsibilities for participation in effective international action are set forth. In addition, the UNFCCC also established guidelines for the adoption of National Adaptation Plans (NAPs), including assisting mechanisms for LDCs in capacity building, technology transfer and funding. Access to Earth observation data and information for the purposes of climate change monitoring and mitigation strategies should thus be guaranteed to LDCs which do not yet possess the capabilities for autonomous access to space-based remote sensing services.
This paper will assess the challenges which initiatives such as the Global Earth Observation System of Systems (GEOSS) face in their efforts to establish open data policies on satellite imagery data with full legal interoperability. GEOSS Data Sharing Principles and Data-CORE will be discussed in relations to the International Disaster Charter, Copernicus data policy as well as the UN Remote Sensing Principles. Various obstacles will be identified throughout the paper, such as those relating to the definitions of key terms in the abovementioned policy and legal instruments, challenges arising from the different jurisdictions applicable as well as the wide range of exceptions to open data which have been called upon to restrict access.
Furthermore, obstacles to the establishment of full and open data policies due to copyrightable material will be discussed. The legal uncertainty arising from the sui generis database rights providing exclusive rights to parts of compilations of information, even of non-copyrightable factual data, will be assessed. Ultimately, it will be argued that the further consolidation of a system of waivers and licenses is warranted in order to better ensure access to data useful for the fight against climate change and environmental crises to the widest user-base possible. These should be standardised in order to achieve clarity and easy-of-use for both data providers and users, and should be valid in the greatest amount of relevant jurisdictions.
